Patna High Court
RUDAL SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to monetary and attendance conditions.
Summary
The petitioner, Rudal Sah, was arrested in connection with the seizure of 48.78 litres of illicit liquor from an e‑rickshaw and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence and alleging false implication, and offered to donate Rs. 50,000 to a charitable organization without admitting guilt. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s flight from the spot. The Court, after considering the facts and submissions, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties and imposing conditions of a Rs. 50,000 donation and regular police station attendance. The order expressly stated that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor.
- Whether the petitioner’s offer to donate Rs. 50,000 and his claim of innocence justify granting bail despite alleged flight from the scene.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- conditions of bail
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28555 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Rudal Sah Son Of Badri Sah @ Badari Sah R/O Village Naviganj, P.S.-
Bhagwan Bazar, District - Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Bhagwan Bazar P.S. Case No. 12
of 2026, registered for offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 48.780 liters of illicit
liquor were recovered from an e-rickshaw and the petitioner fled
from the spot. The petitioner is in custody since 17.03.2026.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
50,000/- (Rupees Fifty Thousand only) to a charitable
Patna High Court CR. MISC. No.28555 of 2026(2) dt.11-05-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Bhagwan Bazar P.S.
Case No. 12 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 50,000/- (Rupees Fifty Thousand only) with
Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Bhagwan Bazar Police Station every
Sunday and Wednesday of each month. In the event
of default, the bail bonds shall be liable to be
Patna High Court CR. MISC. No.28555 of 2026(2) dt.11-05-2026
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cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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